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Patna High CourtCR. MISC./61875/2017bail granted

Prakash Mandal v. The State Of Bihar

2018-01-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61875 of 2017 Arising Out of PS. Case No.-201 Year-2017 Thana- SINGHESHWARASHTHAN DistrictMadhepura ====================================================== Prakash Mandal S/o Hiro Mandal, R/o Village- Tarha, Ward No. 01, Panchayat- Baihari, P.S.- Singheshwar, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. SRI ASHARAF ANSARI ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Singheshwar P.S. Case No. 201 of 2017 registered for the offence punishable under Sections 341, 323, 364, 406, 379, 504, 506 and 34 of the Indian Penal Code. The allegation against the petitioner and other accused persons is regarding them kidnapping the informant of this case and thereafter assaulting the informant badly. There is allegation on the petitioner regarding him trying to amputate the eye of the informant, however, there is no allegation regarding the said occurrence having actually taken place. Nonetheless, there is no injury report on record to corroborate the allegations levelled by the

Patna High Court Cr.Misc. No.61875 of 2017(3) dt.29-01-2018 2/2 informant. It is further submitted that the petitioner and the informant are close friends and subsequently the matter has also been settled amongst them as would be apparent from Annexure-2 to the petition. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 201 of 2017 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Pankaj/- U T